180) Thus, there existed many instances where, although parties were intentionally misjoined for the purpose of manufacturing diversity jurisdiction, the court had no statutory ability to deny the suit jurisdiction because no assignment of interests had occurred.

190) Nor does the statute mandate a time period for the addition of the misjoined parties: they may have been "made" as part of the original complaint, (191) or "joined" by amendment.

6) Under this emerging and somewhat controversial doctrine, as articulated in Tapscott, a federal district court remains empowered to separate misjoined state law claims while keeping the claim with diversity and remanding the other, if it concludes that the plaintiff's attempt to join them in a single action was "so egregious as to constitute fraudulent joinder.

50) The Eleventh Circuit disagreed, announcing the doctrine of "fraudulent misjoinder" and holding that the claims had been misjoined because on the face of the complaint there was no claim against the two groups of defendants that even remotely arose from the same transaction or occurrence.

at 450 (misjoinder-of-claims error unlikely to affect jury because properly admitted evidence was so strong as to overwhelm the impact of small amount of evidence admitted exclusively on the misjoined count); Kotteakos, 328 U.

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